Came across a photo today that caught my eye, since I've been trying to learn how to take some of these shots. Looked at some of the other shots and recognized a crayon shot that my son showed me on youtube a couple weekends ago. So not cool. @scrivna may have to have a chat with them to explain some rules about copyright. :(
I thought that photo looked suspicious - the file name is cool-backgrounds-19 or something, and the rest of the photos in the album are nowhere near this quality. Too bad.
Am really disappointed have just found the crayon bullet shot that he posted and it was actually shot by David Neff and is featured in an article about high speed photography.
wait what if they are using 365 in a different way. if they took credit your right bad deal but a friend is posting americana and its the writing with the photo that is his project so please lets not jump to conclusions right?
How many (if any) "indiscrestions" like this are users allowed before their accounts are suspended, or banned? Are there any provisions like that for this site? I think there should be.
*RANT*
It is inexcusable to claim work as your own when it is not. This isn't a site anyone is required to post on. If you don't want to post your own photos, share and learn from a diverse and experienced community, and grow as a photographer, go somewhere else.
*END RANT*
@charlarupp I agree, if that is stated in your bio and credit is given to the photographer somewhere in the caption. However, in this case, I couldn't find either with this user.
There is no credit to the original photographer given. I realize that we had this particular discussion before the New Year, which brought thousands of newbies, so it's probably a good time for a refresher course on using someone else's work. I don't remember the legalities of it, but I'm sure someone that does will pop up on here and straighten us all out. It's a big NO NO unless you are giving credit to each photo where credit is due, and sometimes you need permission to use that photo.
And really, why join a photo site where the goal is to "take" a photo for 365 days if you are going to use someone else's photo. Just do the project on your own.
Ok, I've been watching this thread for a little bit now, thought I'd come in and spell out the legalities of this situation.
It is NOT acceptable to use another person's photograph. Period. Even if you give credit and a link to the photographer's original work, that is still theft.
According to US Copyright Law as it pertains to photography, you must have the written permission of the original photographer before you can use any of their work in print, electronically, or using any future technologies.
It is not acceptable for this user to have stolen two photos. It does not matter if he is trying to showcase other photos or write clever poems for a photo, if he is using these photos without written permission it is theft.
@jasonbarnette Totally agree with that. Besides, what's the point of using other people's work when the 365Project should be something you are proud of when you look back!
i still cannot imagine how anyone could take someone else's photo's and pass them off as their own! i don't get what they think they're going to achieve from it?! it makes me incredibly paranoid.
Yup. Went back through his photos. From the comments I figure he's a kid. Someone should let him know that he should only post his own photos, but yeah, we should go easy on him. He's probably not even 13.
@charlarupp - I believe this was an issue months ago. If I'm not mistaken this came up then, and the prevailing rule is generally NOT to post other peoples work (I'm sure there are exceptions, circumstances vary).
EIther way, I love this community and the support people show. Its even more impressive that it is policed by its users.
Would u mind sharing who stole the image...just curious. Also, I am just a wanna be photog, hobbyiest, mom with a camera and, I have had images stolen. It can happen to ANYONE!
@kaustin The stolen image is at the top of the post. If you click on it you can view the other pictures on his project. I also have the feeling he is a kid. Russ usually does a great job of handling these issues.
@mizikei . Whether or not its written here is NOT the issue.. the issue is someone stealing someones work...
If you look at his post there is nothing to say that it is NOT his work.... most people here are posting there own photos, and even if its a friend/loved one that has taken of them they will say that on their post...
When someone has posted a photo for one of the new theme comps that are coming up, its a given that people will edit and re post.. but again most WILL post that it is part of the comp and not their original work..
Stealing is stealing and to not say anywhere that it is not your work as in this case is wrong....
and if this person is 13 or 30 it doesnt matter... he is old enough to use a camera, and a PC and therefore old enough to know better...
@nikkers
Yeah I know, I was just saying cause I'm pretty sure I saw that when I signed up and it would have served as a reminder. But yeah, regardless it's wrong.
I would say he's old enough to be taught better. And it should be done in a way that doesn't kill his enthusiasm for photography.
I once tried to do a science fair project by plagiarizing most of my work from an encyclopedia. I honestly didn't know I couldn't do that. Luckily my older brother taught me the meaning of the word "plagiarism" before I could turn it in and get an F.
My point is, the kid probably doesn't know what he did was wrong. Ross has probably already sent this guy (or gal I guess) a politely worded email about this.
Also, I saw that @jennlouise had made a gentle comment to the person in question. Thank you for that.
THANK YOU for posting this discussion. You wrote my thoughts for me. I was perusing through the popular page and came across this fantastic image, too. I commented on the magnificence of this photo and even followed the "artist". I thought I'd check out his other work and was even more amazed at the bullet through the crayon shot. "Wow!" I thought, "This guy is good!" Sad to say, however, the other photos in the project were tell-tale signs that this was a stolen photo. Needless to say, I deleted my comments and quickly deleted him from my following list.
I used this situation as an object lesson on ethics & copyright with my middle school students. They weren't fooled either, and several said they had seen the fat dog and the crayon picture on the Internet before, too. Thanks to @Scrivna for deleting the account, but in my opinion, the picture needs to come off the Popular page as well. It's an honor to have a photo displayed there, and this one, while a great photo, hasn't earned that honor.
@Scrivna --Thanks Russ. Knew you'd handle it ASAP. I do think this was a good lesson to anyone new that has joined since this discussion was had last year. Unfortunately.
we all bust our butts to this project - be creative and be inspired and bounce of each other - you cannot just poach work and display - its unfair to the owner
hate it when people steal work as their own. Yes it's hard for some of us to find inspiration at the best of times, but plagiarism is stealing. End of.
@laceyjogautreau One of the photos on this person's account was of a can of Pringles. If you'd seen the pictures, the Pringles comments would have made more sense.
I think the warning should be adjacent to the upload button, and include a warning that copyright infringement will result in the offender's account being deleted.
And since this site is used by younger kids who might not know what is entailed by the word "copyright" (as I think this case was) then we should include wording which a tween or a teen could understand.
E.g.
By checking this box, I agree that the photo I'm about to upload is one taken by me or one which I have permission from the copyright holder to use.
Age is irrelevant, if they are on here they can read and copyright rules apply. It is theft plain and simple. I do think there should be a box to tick to confirm that the work is your own when you download.
I love my pictures and a lot of time and thought has gone into a lot of them, I would be so upset if someone took them, stole them. Totally unacceptable. I agree with @dejongdd that it is such an honour to get onto the PP, getting there when it is not your work is cheating!
@petersonsheri I checked both Facebook and Flickr, neither has a warning like that, at least not on the first screen after you click upload. Youtube does though.
Given how this community has reacted in the past to uploaded photos without copyright, I think we ought to make this pretty visible.
Here's what youtube has to say (umm - copyright youtube.com I guess. :)
Important: Do not upload any TV shows, music videos, music concerts, or commercials without permission unless they consist entirely of content you created yourself.
The Copyright Tips page and the Community Guidelines can help you determine whether your video infringes someone else's copyright.
By clicking "Upload Video", you are representing that this video does not violate YouTube's Terms of Service and that you own all copyrights in this video or have authorization to upload it.
@scooper Hmmm. I thought it was Facebook, but I can't remember. I just know that I've had to click a little box, and it was no big deal to click it. I'm with you on this one, and @michellegaynor@dejongdd. I put a lot of thought and work in to the majority of my photos, and the handful of times that I've been lucky enough to hit the popular page, I was thrilled and honored!!
I guess it all comes down to what Ross, @Scrivna feels needs to be done, since he is the one that needs to come up with the computer code to make it happen. I was shocked the last time this was a big deal, and shocked again today. I just don't get it. Never will.
@scooper@petersonsheri@dejongdd@jasonbarnette@Scrivna I echo that it's probably a good resource to place some "do's and don'ts" on the FAQ page that has links to moe authoritative resources. I taught college level course about 8 years ago, and it was amazing to me how few kids could clearly define plagiarism. As it pertains to photos, it's not as clear cut as one might think. For example, if you're putting together something that is purely educational, and not with commercial intent, there is a "fair use" act that allows you to use images, video and sound in that arena. There are rules though. And not all countries have similar rules and laws about content. Lots of folks on this thread already said it - attribute it if you're in doubt.
@scrivna may have to have a chat with them to explain some rules about copyright. :( 
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*RANT*
It is inexcusable to claim work as your own when it is not. This isn't a site anyone is required to post on. If you don't want to post your own photos, share and learn from a diverse and experienced community, and grow as a photographer, go somewhere else.
*END RANT*
@charlarupp I agree, if that is stated in your bio and credit is given to the photographer somewhere in the caption. However, in this case, I couldn't find either with this user.
And really, why join a photo site where the goal is to "take" a photo for 365 days if you are going to use someone else's photo. Just do the project on your own.
It is NOT acceptable to use another person's photograph. Period. Even if you give credit and a link to the photographer's original work, that is still theft.
According to US Copyright Law as it pertains to photography, you must have the written permission of the original photographer before you can use any of their work in print, electronically, or using any future technologies.
It is not acceptable for this user to have stolen two photos. It does not matter if he is trying to showcase other photos or write clever poems for a photo, if he is using these photos without written permission it is theft.
@jasonbarnette Thanks, Jason!
give him a toy camera! ..... and LOTS of pringles!!!!
EIther way, I love this community and the support people show. Its even more impressive that it is policed by its users.
Tsk tsk indeed.
Precisely.
If you look at his post there is nothing to say that it is NOT his work.... most people here are posting there own photos, and even if its a friend/loved one that has taken of them they will say that on their post...
When someone has posted a photo for one of the new theme comps that are coming up, its a given that people will edit and re post.. but again most WILL post that it is part of the comp and not their original work..
Stealing is stealing and to not say anywhere that it is not your work as in this case is wrong....
and if this person is 13 or 30 it doesnt matter... he is old enough to use a camera, and a PC and therefore old enough to know better...
Yeah I know, I was just saying cause I'm pretty sure I saw that when I signed up and it would have served as a reminder. But yeah, regardless it's wrong.
I once tried to do a science fair project by plagiarizing most of my work from an encyclopedia. I honestly didn't know I couldn't do that. Luckily my older brother taught me the meaning of the word "plagiarism" before I could turn it in and get an F.
My point is, the kid probably doesn't know what he did was wrong. Ross has probably already sent this guy (or gal I guess) a politely worded email about this.
Also, I saw that @jennlouise had made a gentle comment to the person in question. Thank you for that.
I used this situation as an object lesson on ethics & copyright with my middle school students. They weren't fooled either, and several said they had seen the fat dog and the crayon picture on the Internet before, too. Thanks to @Scrivna for deleting the account, but in my opinion, the picture needs to come off the Popular page as well. It's an honor to have a photo displayed there, and this one, while a great photo, hasn't earned that honor.
I think the warning should be adjacent to the upload button, and include a warning that copyright infringement will result in the offender's account being deleted.
Just a thought.
E.g.
By checking this box, I agree that the photo I'm about to upload is one taken by me or one which I have permission from the copyright holder to use.
An extra checkbox and we're done.
I love my pictures and a lot of time and thought has gone into a lot of them, I would be so upset if someone took them, stole them. Totally unacceptable. I agree with @dejongdd that it is such an honour to get onto the PP, getting there when it is not your work is cheating!
Given how this community has reacted in the past to uploaded photos without copyright, I think we ought to make this pretty visible.
Here's what youtube has to say (umm - copyright youtube.com I guess. :)
Important: Do not upload any TV shows, music videos, music concerts, or commercials without permission unless they consist entirely of content you created yourself.
The Copyright Tips page and the Community Guidelines can help you determine whether your video infringes someone else's copyright.
By clicking "Upload Video", you are representing that this video does not violate YouTube's Terms of Service and that you own all copyrights in this video or have authorization to upload it.
I guess it all comes down to what Ross, @Scrivna feels needs to be done, since he is the one that needs to come up with the computer code to make it happen. I was shocked the last time this was a big deal, and shocked again today. I just don't get it. Never will.